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(영문) 광주지방법원 2016.04.19 2016노388
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (a year and six months of imprisonment, confiscation, and collection) of the lower court’s punishment is unfair because it is too unfasible (a prosecutor stated that the Defendant should be punished by imprisonment with prison labor for a period of three years and six months). The judgment of the lower court is recognized as follows: (a) the Defendant assisted the Defendant to administer and possess phiphones and arrange to trade phiphones, and (b) he/she was punished several times due to the administration and arrangement of phiphones.

However, the Defendant was sentenced to one year of imprisonment with prison labor on August 17, 2004 for 10 years, and was sentenced to imprisonment with prison labor on the receipt and medication of phiphones, provided free of charge on December 10, 2014, sentenced to imprisonment with prison labor for 10 months for smoking, and actively cooperates with the previous crimes, such as providing the Defendant with information on how to sell phiphones, and providing the Defendant with the measures to sell phiphones, etc. The Defendant’s health conditions are not good, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., taking into account the following circumstances, the lower court’s punishment is too unfair and it is not deemed unfair.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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